All of the appeals by prosecutors are dismissed.

1. According to the evidence submitted by the prosecutor, the defendants can fully recognize the fact that they have acquired pecuniary profits by deceiving the victims even though the Dispute Resolution Co., Ltd did not have the intent and ability to repay the construction cost.

Nevertheless, the judgment of the court below which acquitted the Defendants on the ground that the Defendants did not have the intent and ability to pay the construction cost, is erroneous.

2. The lower court determined that the evidence submitted by the prosecutor alone cannot be readily concluded that the Defendants had a criminal intent to obtain fraud by taking account of the circumstances acknowledged by the evidence duly adopted and investigated.

In light of the records, a thorough examination of the evidence duly adopted and examined by the court below, the court below's decision that acquitted the defendant of the crime of this case on the grounds as stated in its reasoning is just and acceptable, and since no new evidence corresponding to the facts charged has been submitted in the court below, it does not seem that the court below erred by misunderstanding the facts as alleged by the prosecutor, which affected the conclusion of the judgment.

3. Conclusion, the Prosecutor’s appeal is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.